PATERNITY ESTABLISHING AND DISPUTING
One of the basic rights of a child according to the Serbian Family Law is to know who his parents are. The rights of parents to maintain contact with the child, to bring him up and take care of him are also inseparable. Often, due to various life circumstances, the child does not know who his biological parent is. One of the most common reasons for incorrect data in the birth registry books is the situation when a man gave a statement of acknowledgment paternity in delusion, thinking that the child was his. Our law office can assist clients in all proceedings related to establishing/disputing paternity.
Our lawyers can help you in the following cases:
Paternity determination
If the child’s father is not registered in the child’s birth certificate, it is necessary to initiate an appropriate court procedure to establish paternity in that case. The goal of this procedure in the first place is the realization of the child’s right to know who his father is and the right of the parent to know is he the child’s father.
Disputing paternity
Disputing the paternity of a man who is registered in the birth register as the father of a child can be challenged. A lawsuit to challenge paternity can be filed by a child, the child’s mother, the husband of the child’s mother and a man who claims that he is the child’s father.
Cancellation of the statement on acknowledgment of paternity
If a man in delusion or under fraud gave a statement on acknowledgment of paternity, he can initiate a procedure of annulment of the given statement, i.e. the procedure of deleting himself as the registered father of the child.
Disputing maternity
the maternity of the child’s mother can be challenged by the child, the child’s father, the mother who is registered in the birth register for the child and the woman who considers herself the child’s mother.
Custody of the child
After establishing paternity or maternity, one of the questions is how to exercise parental rights over the child.
Alimony
If someone’s paternity or maternity has been established or disputed, there is a need to regulate the relationship of legal support for the child. Also, the possible issue of recourse is important, if in the past child support was actually provided by a person who turned out not to be the child’s parent, and thus did not have the obligation to support the child.
Is the consent of the child’s mother necessary for a declaration of acknowledgment of paternity?
The mother’s consent is not required for the statement itself. But in order for the registrar to accept such a statement, it is necessary for the child’s mother to agree with the declaration of acknowledgment of paternity of a man who considers himself the child’s father.
However, in situations when the mother cannot give consent because she has died or she is unable to make a statement, her statement may be replaced by the child’s statement of consent to acknowledgment of paternity. The condition for a child to agree to the recognition of paternity is that he is over 16 years old and that he is capable of reasoning.
What are the rights of the father after paternity is established?
The father of the child has all the rights and obligations prescribed by family law at the time of establishing paternity. These are primarily rights related to the maintenance of personal relations with the child in terms of upbringing, custody, education, as well as the obligation to support the child.
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